Legal Opinion

Smith v. Allmendinger

South Dakota Supreme Court

Decided November 29, 1918No. File No. 4329PublishedCited by 6 opinions

Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by E. L. Smith, doing business as the Sioux Falls Warehouse 'Company, against H. P. Allmendinger and others, to foreclose a mechanics lien. From a judgment in favor of plaintiffs, and! front an order denying a new trial, defendant Isabel Nelson, appeals.

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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by E. L. Smith, doing business as the Sioux Falls Warehouse 'Company, against H. P. Allmendinger and others, to foreclose a mechanics lien. From a judgment in favor of plaintiffs, and! front an order denying a new trial, defendant Isabel Nelson, appeals. (2) To point two of the opinion, Appellant cited:: Farmers State Bank v. Farmer (Tex.), 157 S. W. 283; Waples on Plomestead, p. 191; Riggs v. Sterling (Mich.) 1 A. S. R. 554; First National Bank v. Bruce (¡Cal.), 29 Pac. 488-; 21 Cyc. 552; 116-13; R. C. L. (3)-…

1Opinion of the CourtWhiting, P. J.

Defendant A. had', with his wife and family, occupied, under a contract of purchase, a small frame dwelling upon one platted lot in the city of Sioux Falls since October, 1915, when in May, 1916, and from that date until July, 1916, plaintiff furnished material for, and which went into, a new *147■dwelling on said lot. The small dwelling was moved) back to the east end of the lot and A. and family continued to reside in it until the basement of the new house was constructed, when they .moved therein). The new house was not a part of the old dwelling. Defendants Jordan and Sioux Falls Paint &…

2Cases cited3 opinions

  1. Jensen v. GriffinSouth Dakota Supreme Court · 1913
  2. Bohn Mfg. Co. v. KeenanSouth Dakota Supreme Court · 1902
  3. Clark v. EvansSouth Dakota Supreme Court · 1894

3Cited by6 opinions

  1. Wittrock v. HallSouth Dakota Supreme Court · 1927
  2. Crawford v. CarterSouth Dakota Supreme Court · 1949
  3. R & L Supply, Ltd. v. Evangelical Lutheran Good Samaritan SocietySouth Dakota Supreme Court · 1990
  4. In Re Wright's EstateSouth Dakota Supreme Court · 1943
  5. Brodsky v. MaloneySouth Dakota Supreme Court · 1960

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